EULA (End User License Agreement)
Please read these terms of use (the “Terms”) and our
Privacy Notice
before using the App (as defined below). When you use the App, you agree to be bound by these Terms. You
may not use the App if you do not agree to all these Terms.
Note: If you need help with your subscription, please contact here. For residents of the United States of America: these Terms contain a
binding arbitration clause and class-action waiver at Paragraph 17 below. Please read it carefully.
1. About these Terms
- Our App. These Terms govern the provision of our mobile application service that uses
data to provide personalised astrology and esoteric reports to you (the “App”) and your
use of it.
- Accepting these Terms. By downloading and/or using the App, you are agreeing to these Terms
and are entering into a binding legal agreement with us incorporating these Terms (the
“Agreement”). If you do not agree to these Terms, please do not attempt to download,
install or use the App.
-Asking your parent for permission if you are under 18. You may only agree to these Terms
if you are an adult of full legal age of majority in the country or state in which you live (for
example, 18 years of age in England). This applies to you even if the age rating for the App indicates
that it is suitable for children. If you are not an adult and you want to use the App, you must ask your
parent or legal guardian to review these Terms and our Privacy Notice. You may then only use the App if
your parent or guardian agrees to the Terms and permits you to use the App under his or her supervision.
Your parent or legal guardian must also read our Privacy Notice together with you and they must consent
to our processing of your personal data on your behalf in accordance with the Privacy Notice.
2. Who we are
Stellarlines has a global presence with legal entities in
different territories. The entities covered by this terms are set out below and references to "we",
"our" or "us" are references to these entities:
Complyfox Ltd., with company number
12376727 and registered office 3rd Floor Norfolk House, 106 Saxon Gate West, Milton Keynes, United Kingdom, MK9 2DN
;
3. Our rights and
responsibilities
- Reasonable skill and care. We will make available the App to you
using reasonable skill and care.
- App uptime. We will use reasonable endeavours to keep the
technology powering the App operational, but we cannot guarantee that the App will be available on an
uninterrupted basis.
- App maintenance. Your access to the App may be disrupted to allow for
appropriate maintenance, repairs, upgrades and the introduction of new functionality and at times
unscheduled downtime may be necessary including for security purposes. Further, due to the inherent
nature of the internet and mobile phone signal, errors, interruptions and delays may occur in the App
from time to time. We will use reasonable endeavours to try to limit the frequency and duration of
downtime, to the extent within our control.
- Bugs and viruses. We cannot guarantee that the
App will be error, bug or virus-free. As with all software, we recommend that you run a virus checker
before use. We also recommend that you have an up-to-date backup of your device before using the App and
that you consult your network administrator before installing the App on a networked
device.
- Patches and updates. From time to time, we may make it a
requirement for you to install patches, updates or additional content to the App in order for you to
continue accessing the App, for example, in order to enhance functionality, to add new features or to
resolve bugs. We may also perform these updates remotely, including by modifying our software installed
on your device, and you acknowledge that we are not required to notify you before doing
so.
- Accuracy of App content. We do not make any guarantees that the content or related
information provided on the App is accurate or complete. The App is for entertainment purposes only and
the information provided on it should not be relied upon.
4. Your rights and responsibilities
- Account creation. In order to
use the App, we will require you to open an account with us and/or a third party (for example, an App
Store). To create an account, we will ask you to provide us with certain information. You can find out
more about how we use personal data we collect from your in our Privacy Notice. You may not create an
account with us using an assumed name or someone else’s identity.
- Accounts not
transferable. Any account you create in relation to the App is personal to you and you are not entitled
to transfer your account to any other person.
- Protecting your login details. If you create
an account with us, you agree that you shall take all steps necessary to protect your account and login
details and keep them secret. You agree that you shall not give your login details to anyone else or
allow anyone else to use your account.
- Loss of login details. If you fail to keep your
login details secret, or if you share your login details or account with someone else (whether
intentionally or unintentionally), you accept full responsibility for the consequences of this
(including any unauthorized purchases) and agree to compensate us for any losses or harm that may
result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized
person accessing your account and/or using the App, and we accept no responsibility for any losses or
harm resulting from its unauthorised use, whether fraudulently or otherwise.
- Data loss
after account deletion. You understand that, if you delete your account, or if we delete your account in
accordance with these Terms, then you may lose access to any data previously associated with your
account.
- Restrictions on how you can use the App. You must not:
a) use the App
in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act
fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses,
or harmful data, into the App or any operating system;
b) infringe our intellectual property rights
or those of any third party in relation to your use of the App;
c) transmit any material that is
defamatory, offensive or otherwise objectionable in relation to your use of the App
d) ;use the App
in a way that could damage, disable, overburden, impair or compromise our systems or security or
interfere with other users;
e) and collect or harvest any information or data from the App or our
systems or attempt to decipher any transmissions to or from the servers running the App.
5 Licence grant
- Our intellectual property rights. We own or are
licensed to use the intellectual property rights in the App, including our branding and the underlying
technologies. You acknowledge and agree that, other than the licence granted to you by these Terms, you
shall have no right to use the App. You shall have no ownership rights over the App, including no
ownership of any intellectual property rights.
- Grant of licence. In return for your
acceptance of these Terms, we grant you the personal right (known as a ‘licence’) to use the App,
strictly subject to these Terms, and in particular to the restrictions set out in these
Terms.
- Licence conditions. The licence granted to you by us to use the App under these
Terms is limited in a number of ways as set out below. This licence is:
a) non-exclusive, meaning
that we can grant the same or similar licences to other people as well;
b) personal, not transferable
and not sub-licensable, meaning that the licence is only for your benefit and you may not grant the
licence to anyone else;
c) revocable, meaning that we can terminate this licence in the circumstances
set out in these Terms;
d) non-commercial, meaning that you can only use the App for private domestic
purposes and not for commercial purposes;
e) limited to using the App for the purposes we set out in
these Terms and for the duration that these Terms are in force; and
f) conditional on your compliance
in full with these Terms.
6 Restrictions on using the App.
You agree that you will:
a) not
rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or
in part to any person without prior written consent from us;
b) not copy the App, except as part of
the normal use of the App or where it is necessary for the purpose of back-up or operational
security;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor
permit the App or any part of it to be combined with, or become incorporated in, any other programs,
except as necessary to use the App on devices as permitted in these Terms or as necessary to make use of
any features on the App permitting connection with authorised third party apps or sites;
d) not
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of
the App nor attempt to do any such things; and
e) comply with all applicable technology control or
export laws and regulations that apply to the technology used or supported by the App.
7
Subscriptions
- Subscription required. Access to certain features of the App is subject to
your activating a subscription to the App ("Subscription").
- How to
subscribe. You may activate a Subscription in one of the following two ways:
a) You can make
an in-app purchase on a third‑party app store on which the App is made available, such as Apple App
Store and Google Play Store (an "App Store") and following the instructions given by
the relevant App Store (an “In-App Subscription”). All payments in relation to In-App
Subscriptions are handled by the third‑party App Store from which you obtained the App. Payments made to
an App Store will be subject to the App Store's own terms and conditions which you should review
carefully before activating an In-App Subscription (“App Store T&Cs”). We will not
process any payments from you or make any refunds to you directly if you have taken out an In‑App
Subscription. Please refer to the App Store T&Cs for the relevant time period for cancellations and
for more information on how to do this.
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b) You can also make a purchase directly from us on our website using a credit card, debit card,
PayPal or other payment method that we permit from time to time (a “Website
Subscription”). All payments in relation to Website Subscriptions are handled directly by
us.Subscription periods. We offer different lengths of Subscription period from which to choose. We may
change the Subscription period lengths that we offer from time to time, but we will not change the
length of your Subscription period while it is active. Each Subscription period will automatically renew
on the day that it expires for another period of the same length of time. For example, a weekly
subscription would automatically renew on the same day each week and a monthly subscription would
automatically renew on the same day each month. You will be charged for the following Subscription
period in advance on the renewal date, unless you cancel the Subscription in advance of the renewal date
in accordance with these Terms.
- Suspension for non-payment. We and/or the relevant App Store
may immediately suspend your access to the App if your Subscription is not paid by you until such time
as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end
your rights under these Terms in accordance with Paragraph 9
- Subscription price changes. If the pricing of our Subscriptions changes, then we and/or the App
Store will let you know in advance. Any increase in Subscription fees will not apply to the current
period of your Subscription. If you do not agree to a Subscription fee increase, please remember that
you can always cancel your Subscription before your next Subscription period starts (see Paragraph 7
below). If you do not cancel your Subscription after receiving notice of a change in Subscription fee,
you will be obliged to pay the new Subscription fee from the date on which the next Subscription period
commences.
8. How to cancel your Subscription
How to cancel an
In-App Subscription. If you have an In-App Subscription and you would like to cancel it, you will need
to do this in accordance with the relevant process required by your App Store. All refunds for In-App
Subscriptions will be handled in accordance with your App Store T&Cs. You can find further
information on cancelling orders and any associated refunds on the website of the App Store from whom
you purchased the In‑App Subscription or within the App Store itself. Please make sure you familiarise
yourself with your App Store's policy on refunds before you subscribe. Further instructions on how to do
this can be found at the following links:
Apple App Store: https://support.apple.com/en-gb/HT202039; and
Google Play Store: https://support.google.com/googleplay/answer/7018481
9. How to
cancel a Website Subscription.
If you have a Website Subscription and you would
like to cancel it, then you must inform us of your decision to cancel with a clear statement. We will
acknowledge your cancellation on a durable medium (such as email) without undue delay. You may contact
us to cancel your Website Subscription by using one of the following methods:you may contact one of our
representatives using the live chat function within the App; oryou may submit a request at our email [email protected] (also see Paragraph 14
below);
- Effect of cancellation. If you cancel your Subscription, the cancellation will take
effect at the end of your then‑current paid Subscription period. You will continue to be able to access
the App until that time.
- No refunds, except as stated. We do not provide credit, refunds or pro-rated billing for
Subscriptions that are cancelled, except as expressly stated in these Terms. We are not able to process
any refunds billing in relation to In-App Subscriptions, so if you have an In-App Subscription then you
will need to contact the relevant App Store in relation to any requests for a refund.
-
Waiver of right of withdrawal for digital content. If you purchase a Website Subscription to the App,
this constitutes a purchase of digital content for the purposes of UK and EU consumer law. You will be
granted access to the App immediately and you will be required to waive any statutory right of
withdrawal under UK or EU consumer law. If you purchase an In-App Subscription, then the App Store
T&Cs will apply. Despite the above, we may offer a discretionary trial under both Website
Subscriptions and In-App Subscriptions, as set out at Paragraph 6 below.
- Trials. Any trial
to the App is offered at our discretion and we may withdraw this offer at any time. A trial to the App
will automatically renew as a paid Subscription unless the trial is cancelled in accordance with these
Terms before the end of the trial period. It may take at least 24 hours if you have an In-App
Subscription or 72 hours if you have a Website Subscription to process a cancellation, although we will
attempt to process cancellations more quickly where possible. If you request a cancellation of a trial
of a Website Subscription before the end of your trial and you are charged, please contact us and we
will refund you. You will need to contact your App Store in relation to any refunds for In-App
Subscriptions (see Paragraph 1 above).
- Data deletion after cancellation. If you cancel
your Subscription, then we reserve the right to delete your user account data at any time after 14 days
from the date when the cancellation of your Subscription takes effect. We will process your personal
data in accordance with Paragraph 12 and our Privacy Notice.
9.1 No Refund
Conditions
- Subscription Acceptance: Once a customer agrees to and activates a
subscription, there will be no refunds for the subscription fee paid.
- Trial Period Cancellation: If a customer cancels their subscription during the trial
period before it ends, they will not be charged, and a refund will not be necessary. However, once the
trial period concludes and the customer continues with the subscription, the subscription becomes
non-refundable.
- Recurring Billing: Subscription fees are billed in advance of each billing
cycle. If a customer chooses to cancel their subscription after a billing cycle has commenced, no refund
will be issued for that cycle, and they will continue to have access to the service until the end of the
billing period.
- Voluntary Cancellation: Customers have the option to cancel their subscription
at any time to prevent future charges. Refunds will not be provided for partial billing cycles or for
any unused portion of the subscription period.
- Exceptional Cases: In exceptional cases, such as
technical errors or discrepancies on our part, we may consider refund requests on a case-by-case basis.
However, such requests are subject to review and approval by Stellarlines's customer support
team.
- In-App Subscriptions. There are no refunds in relation to In-App Subscriptions (App
Store, Google Play), so if you have In-App Subscriptions, then you will need to contact the relevant App
Store in relation to any request for a refund.
- Notification: It is the responsibility of the customer to manage their subscription and initiate
the cancellation process if they no longer wish to continue the service. Stellarlines. app will not be
responsible for any charges incurred due to a customer's failure to cancel their subscription.
-
Contact Customer Support: If a customer has any concerns or questions regarding their subscription or
potential refund eligibility, they should contact Stellarlines's customer support team for
assistance.
10. Our right to suspend or terminate your access to the App
- Suspension for breach of these Terms. We may temporarily suspend your account or
access to the App if we have reason to suspect that you have breached any of these Terms.
-
Suspension process. If we suspend your account or access to the App:
a) we will use reasonable
endeavours to notify you;
b) you will not be able to access your account during the period of
suspension, while we investigate the circumstances; and
c) depending on the outcome of our
investigation, you may be permanently excluded from using the App, in which case we will use reasonable
endeavours to notify you if this happens.
- Ending your rights to use the App. If you are in
serious breach of these Terms, we can end your rights under this Agreement immediately at any time and
without refunding any payments made by you. If we do this, we will give you notice that we are
terminating this Agreement with immediate effect.
- Ending your rights for reasons outside
our control. We can also end your rights under this Agreement immediately at any time, giving you as
much notice as possible, if we’re forced to do so for technical or operational reasons beyond our
control. If we end your access in these circumstances, we will use reasonable endeavours to work with
your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period
you’ve paid for but for which you have not received access to the App.
- Effect of ending
your rights. If we end your rights under this Agreement, you must immediately stop all activities
authorised by this Agreement, including your access to the App.
11. App Stores and other third parties
- Relationship of the App Store
to you. In order to access the App you will need to download and install it from an App Store. As stated
at Paragraph 2 above, App Stores will impose their own App Store T&Cs that to govern the use of
their services and the App. The App Store T&Cs will form an agreement between you and the App Store
and the App Store T&Cs are in addition to this Agreement. We encourage you to read the terms and
conditions of third parties carefully before you agree to them. Any breach of the App Store T&Cs
shall also be deemed to be a repudiatory breach of this Agreement by you.Relationship of these Terms to
App Store T&Cs. You must accept these Terms before you may use the App. This applies even if you
have purchased an In-App Subscription from an App Store and even if you have accepted the App Store
T&Cs.Relationship of the App Store to us. The App Stores are third parties. We have no control over
the services provided by the App Stores or the App Store T&Cs. We encourage you to carefully review
the App Store T&Cs and privacy notices before you use them to download and install the App or
purchase any Subscriptions. We accept no responsibility for the App Store T&Cs or an App Store
provider's websites, apps, services, practices or privacy policies.
- Links to other
services, websites and resources. Where the App contains links to and connects with other services,
websites and resources provided by third parties (such as Facebook), we have no control over the
contents of those services, websites or resources and we make no warranties or representations as to the
legitimacy, accuracy or quality of such third party services. Any external website that you visit by
clicking through a link on the App is entirely at your own risk. We accept no responsibility for their
content, safety, practice or privacy policies.
12. Our liability to you
- Liability for foreseeable loss and damage. We
are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these
Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaching
these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will
happen or if, at the time you accepted these Terms, both we and you knew it might happen.
- Restrictions on our limits of liability. We do not exclude or limit in any way our liability to
you where it would be unlawful to do so. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent
misrepresentation, or for any breach by us of any of your statutory rights.
- Our liability
for defective digital content. If defective digital content that we have supplied damages a device or
digital content belonging to you and this is caused by our failure to use reasonable care and skill,
then we will either repair the damage or pay you compensation. But we will not be liable for damage
which you could have avoided by following our advice to apply an update offered to you free of charge or
for damage which was caused by you failing to correctly follow installation instructions or to have in
place the minimum system requirements advised by us.
- No liability for commercial use. We only supply the App for domestic and private use. If
you use the App for any commercial, business or re-sale purpose then we will have no liability to you
for any loss of profit, loss of business, business interruption, or loss of business
opportunity.
- Liability for events outside our control. If our provision of the App is
delayed by an event outside our control, then we will contact you as soon as possible to let you know
and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable
for delays caused by the event.
- Limitations of liability under applicable law. If the
consumer law of the country or state in which you are resident does not permit any of the limitations of
liability set out in this Paragraph 11, then those limitations of liability shall apply only to the
maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any
statutory rights that you may have as a consumer of the App.
13. Your
privacy
Your personal data. When we process your personal data, we do so in accordance with the data
protection laws which apply to us and with our Privacy
Notice. Please read it carefully.
14. Changes to these Terms
-
Our right to change these Terms. We may amend these Terms from time to time to ensure that we remain
compliant with applicable laws and regulations and/or to reflect any changes we make to the App or our
business practices.
- Notice of changes. Any changes we make to these Terms will be posted
on this webpage that makes these Terms available, so we recommend that you check back frequently to see
any updates or changes made to these Terms. Where the changes are material, we will give you advance
notice, which may be by using an in‑App notification or by contacting you directly via the email address
you supply to us when you register with us.
- Your acceptance of changes. Your continued use
of the App after any changes are made will be considered acceptance of those changes and will constitute
your agreement to be bound by them. If you do not agree to any new Terms please see below for
information on how to cancel your Subscription.
15. Help and contact
- Our Help Centre. Should you require any help using the App or in relation to any Website
Subscriptions, please visit the following webpage on our website. If you need to contact us, submit a request through
the chatbot within the Help Centre.
- App Store issues. If you have any questions about an In-App
Subscription or anything to do with your App Store, then please contact your App
Store.
16. Complaints, law and jurisdiction
- Complaints. If you have a
complaint, please let us try to resolve it first by contacting us using the details given at Paragraph 1
above.
- Disputes. In the event of any dispute, controversy, or claim relating to these
Terms (including the Privacy Policy) and/or the App (a “Dispute”), both you and we
shall first use best efforts to negotiate an informal resolution to such Dispute for at least 30 days
before initiating any formal proceeding. This informal negotiation period will commence upon written
notice from one party to the other. In addition, if you are in the European Union, please note that
Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
platform at the following website: https://webgate.ec.europa.eu/odr.
- Governing law. This Agreement,
and any Dispute, shall be governed by and interpreted in accordance with English law, except for certain
claims and disputes, for example, relating to consumer protection, unfair competition and tort, which
may subject to the laws of the country or state in which you are resident.
- Jurisdiction. The jurisdiction for any Dispute shall depend on the country or state in which you
are resident. You may only bring legal proceedings in respect of a Dispute against us as
follows:
a) if your country or state of residence is England or Wales: only in the courts of
England and Wales;
b) if your country or state of residence is the United States of America:
arbitration proceedings in the United States of America strictly in accordance with Paragraph 17 below,
which is entitled "Binding arbitration for residents of the United States of America”; or
c) if your
country or state of residence is neither England and Wales nor the United States of America: in the
courts of England and Wales or, alternatively, the courts of the country or state in which you are
resident, if you are allowed to do so by the laws of the country or state in which you are
resident.
17. Other important terms
- Entire agreement. These Terms set
out the entire agreement between you and us concerning the App and they replace all earlier agreements
and understandings between you and us in respect of the App.
- Transfer of rights. You may not assign or otherwise transfer your rights and obligations under
this Agreement for any reason. We may assign and transfer our rights and obligations under this
Agreement to another person or company.
- Severability of terms. Each of the terms and
conditions of this Agreement operates separately. If any court or competent authority decides that any
of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and
effect.
- Our relationship. Nothing in this Agreement will create any relationship of
partnership, agency or employment between us.
- No waiver. If we do not enforce our rights
against you, or if we delay in doing so, that does not mean that we have waived our rights against you,
and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a
breach by you, we will only do so in writing, and that will not mean that we will automatically waive
any later breach by you.
For residents of the United States of America only: binding arbitration
and class action waiver
- If your country or state of residence is not the United States of America,
then the provisions of this Paragraph 17 do not apply to you.
- PLEASE READ THIS PARAGRAPH
17 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO
HAVE YOUR DISPUTE TRIED BEFORE A JURY.
- If your country or state of residence is the United
States of America, the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this Paragraph 17 apply
to any Dispute between you and us. You further agree that the Federal Arbitration Act (9 U.S.C. §1, et
seq.) governs the interpretation and enforcement of this Paragraph 17 and this Agreement constitutes a
transaction in interstate commerce. The provisions of this Paragraph 17 shall survive any termination of
this Agreement.
- As set out in Paragraph 1 above, please contact us first if you have a
complaint. If you and we have not agreed a resolution within a period of 30 days from the day when you
first contacted us to try to resolve matters through informal dispute resolution. If you and we do not
reach an agreed-upon solution within the informal Dispute resolution period, then, subject to the terms
below, the Dispute will be finally and exclusively resolved by binding arbitration. Among other things,
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO COURT PROCEEDINGS (INCLUDING A JUDGE OR JURY) IN
A STATE OR FEDERAL COURT AND THE GROUNDS FOR APPEAL BY YOU OR US ARE MORE LIMITED. Either
you or we may elect to initiate binding arbitration, and the election to arbitrate a Dispute by one
party shall be final and binding on the other.
- If either we or you commence arbitration
proceedings, all claims arising out of or relating to this Agreement (including its formation,
performance and breach), the relationship between you and us and/or your use of the App shall be finally
settled by binding arbitration administered by JAMS, a national arbitration body based in the United
States of America, and governed in accordance with the provisions of this Agreement and the procedural
rules of JAMS that are in effect when the arbitration commences, excluding any rules that permit
arbitration on a class or representative basis (the JAMS Rules). For a copy of the JAMS
Rules or more information about JAMS and commencing arbitration proceedings, please visit jamsadr.com.
- There shall be a
single neutral arbitrator appointed by agreement between us in accordance with the Jams Rules. The place
(or ‘seat’) of the arbitration shall be New York City, New York. To the extent permitted by the JAMS
Rules, you may choose to participate in arbitration remotely by videoconference or teleconference. The
arbitrator and not any federal, state or local court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or
formation of this Agreement, including, but not limited to any claim that all or any part of this
Agreement are void or voidable, or whether a claim is subject to arbitration. Additionally, the
arbitrator shall apply the law of the United States and the arbitrator shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or
formation of this Agreement. The arbitrator’s award shall be written and binding and may be entered as a
judgment in any court of competent jurisdiction. The arbitrator may grant whatever relief would be
available to a court under law or in equity. Nothing in this Paragraph 17 shall in any way limit either
party’s rights to bring a limited proceeding in a court of competent jurisdiction to compel arbitration
pursuant to this Agreement, to stay a pending proceeding in favour of arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
- YOU UNDERSTAND
AND HEREBY AGREE THAT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT
AND TO HAVE YOUR CLAIMS HEARD BY A JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, ABSENT THIS MANDATORY
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL; AND THAT, IN SOME INSTANCES,
THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE
LIMITED IN ARBITRATION THAN IN COURT.
- YOU AND WE FURTHER AGREE THAT ANY ARBITRATION OR
OTHER PERMITTED ACTION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US, AND SHALL BE CONDUCTED IN
YOUR AND OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND
THAT YOU AND COMPYLFOX LTD EXPRESSLY WAIVE OUR RIGHTS TO FILE A CLASS-ACTION OR SEEK RELIEF ON A
CLASS BASIS. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION
WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN
PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID
IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
-
As an exception to the agreement on a binding arbitration under this Paragraph 17 either party may bring
legal proceedings in respect of a Dispute before a state or federal court in the United States of
America or elsewhere where the legal proceedings only assert claims relating to intellectual property
infringement (including claims relating to patents, copyright, moral rights, trade marks and designs,
but not claims relating to any licence granted by this Agreement).
- You have a limited
right to opt out and not be bound by the arbitration and class action waiver provisions in this
Paragraph 17 by sending a written notice of your decision to opt-out marked for the attention of our
legal team to the following address: 3rd Floor Norfolk House, 106 Saxon Gate West, Milton Keynes, United Kingdom, MK9 2DN. To be effective, your written notice must be received by
us within 30 days of your first use of the App, otherwise you shall be bound to arbitrate disputes in
accordance with the terms of this Paragraph 17. If you choose to opt out of these arbitration
provisions, we also will not be bound by them.